UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-7224

UNITED STATES OF AMERICA,

Plaintiff - Appellee,
versus
RUFUS HOUSER, a/k/a Pookie,
Defendant - Appellant.

Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. W. Craig Broadwater, District Judge. (CR-95-12, CA-98-55-3)

Submitted:

January 18, 2001

Decided:

January 26, 2001

Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Rufus Houser, Appellant Pro Se. Paul Thomas Camilletti, OFFICE OF
THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:
Rufus Houser seeks to appeal the district courts order denying his motion filed under 28 U.S.C.A. 2255 (West Supp. 2000).
We have reviewed the record and the district courts opinion and
find no reversible error.

Accordingly, although we grant leave to

proceed in forma pauperis, we deny a certificate of appealability

and dismiss the appeal on the reasoning of the district court.
United States v. Houser, Nos. CR-95-12; CA-98-55-3 (N.D.W. Va. June
27, 2000).

We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

DISMISSED